Here’s why government plans for longer tenancies don’t go far enough

Rental property in London. Image: Getty.

When the modern private rental market was devised as part of the 1988 Housing Act, flexibility was the theme. If a landlord decided they no longer wanted to be a landlord, then they could use Section 21 of the Act to evict their tenants with two months’ notice, with no reason necessary, and cash in their investment.

In theory, this was balanced by flexibility for the tenant too – they could move out with minimal notice as well. But the Act failed to acknowledge the enormous power imbalance between landlord and tenant. If your tenant ends the tenancy, your business now needs to find a new customer. If your landlord ends the tenancy, you need to find a new home.

According to the latest English Housing Survey, 271,000 private renter households were asked to leave by their landlord in the past three years.

Whether we make the decision or not, moving house fills few of us with joy. Some landlords abuse our reluctance to attend a dispiriting series of flat viewings, then pack everything we own into boxes and haul them across town, by evicting tenants who make a fuss. The threat of a retaliatory eviction discourages tenants from complaining and results in a tenure where the EHS found 28 per cent of homes failed decency tests.

The power imbalance is so wide that when the Conservatives stopped thinking of housing simply in terms of home ownership and started making moves to improve renting, revenge evictions were the first thing they agreed to outlaw.

But the protections for tenants under the resulting Deregulation Act 2015 came with heavy caveats. First, the landlord must be doing something illegal – namely letting out a property which contains serious hazards. Second, the local council must serve an improvement notice on the landlord before the tenant gets protection from a no-fault eviction. Third, that protection lapses after six months. Finally, a landlord can get around all of that by just putting the rent up so high the tenant is forced to move.

Now it appears that few tenants are getting the protection they’re entitled to. We looked at Freedom of Information data gathered from the 100 councils with the largest private renter populations – approximately two-thirds of the total in England – and published our findings last month.

Of the 72 councils that recorded “Category 1” hazards in 2016-17 (28 didn’t), a total of 12,962 were found. Yet the councils only took appropriate enforcement action in 2366 cases – meaning that just 18 per cent of tenants had protection from a revenge eviction. Only eight councils in total issued as many improvement notices as hazards they identified. And just four councils recorded cases where a Section 21 eviction notice was served on tenants who’d complained.


It is no secret that local councils are strapped for cash, which might explain why there is so much poor practice. But tenants should not have to live in the right town to have the confidence to complain. A flaky, fiddly and temporary system of protection is not enough to deliver safe and secure homes.

That is one of many reasons why Generation Rent is campaigning alongside the London Renters Union, ACORN and the New Economics Foundation to abolish Section 21.

Last week the government published its long-awaited consultation on longer tenancies. It proposes to replace the 1988 model with three-year tenancies, retaining the ability of the tenant to move out after six months. But the government has undermined this progress by letting amateur landlords keep their flexibility, allowing them to take back a property in the three years if they want to sell or move back in. According to last year’s EHS, 63 per cent of private sector evictions take place for these reasons.

A three-year tenancy with limited grounds for eviction should at least give tenants greater confidence to complain. But that’s not enough. They should also have the knowledge that, so long as they meet their legal obligations, the home is theirs. If landlords can evict a blameless tenant, the rental market will keep failing to provide the certainty we associate with home.

Ending Section 21 would still allow evictions if a tenant breaks the contract. If a landlord wants to sell, that’s fine, but they should sell to another landlord, with the tenants staying put – or to the tenants themselves. If they want somewhere to live, they can rent.

The government’s consultation is a huge opportunity to make renting a genuine alternative to owner occupation. The EHS reports that 2.7m private renter households expect to buy eventually – yet fewer than 1m have more than £5000 in savings towards a deposit. That leaves a lot of people who will be denied the stability they crave for years to come. By abolishing Section 21 the government would give renters a stable home now.

Dan Wilson Craw is director of Generation Rent.

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Uncertainty is the new normal: the case for resilience in infrastructure

Members of the New York Urban Search and Rescue Task Force One help evacuate people from their homes in Fayetteville, North Carolina, in September 2018. Image: Getty.

The most recent international report on climate change paints a picture of disruption to society unless there are drastic and rapid cuts in greenhouse gas emissions. And although it’s early days, some cities and municipalities are starting to recognise that past conditions can no longer serve as reasonable proxies for the future.

This is particularly true for America’s infrastructure. Highways, water treatment facilities and the power grid are at increasing risk to extreme weather events and other effects of a changing climate.

The problem is that most infrastructure projects, including the Trump administration’s infrastructure revitalisation plan, typically ignore the risks of climate change.

In our work researching sustainability and infrastructure, we encourage and are starting to shift toward designing man-made infrastructure systems with adaptability in mind.

Designing for the past

Infrastructure systems are the front line of defense against flooding, heat, wildfires, hurricanes and other disasters. City planners and citizens often assume that what is built today will continue to function in the face of these hazards, allowing services to continue and to protect us as they have done so in the past. But these systems are designed based on histories of extreme events.

Pumps, for example, are sized based on historical precipitation events. Transmission lines are designed within limits of how much power they can move while maintaining safe operating conditions relative to air temperatures. Bridges are designed to be able to withstand certain flow rates in the rivers they cross. Infrastructure and the environment are intimately connected.

Now, however, the country is more frequently exceeding these historical conditions and is expected to see more frequent and intense extreme weather events. Said another way, because of climate change, natural systems are now changing faster than infrastructure.

How can infrastructure systems adapt? First let’s consider the reasons infrastructure systems fail at extremes:

  • The hazard exceeds design tolerances. This was the case of Interstate 10 flooding in Phoenix in fall 2014, where the intensity of the rainfall exceeded design conditions.

  • During these times there is less extra capacity across the system: When something goes wrong there are fewer options for managing the stressor, such as rerouting flows, whether it’s water, electricity or even traffic.

  • We often demand the most from our infrastructure during extreme events, pushing systems at a time when there is little extra capacity.

Gradual change also presents serious problems, partly because there is no distinguishing event that spurs a call to action. This type of situation can be especially troublesome in the context of maintenance backlogs and budget shortfalls which currently plague many infrastructure systems. Will cities and towns be lulled into complacency only to find that their long-lifetime infrastructure are no longer operating like they should?

Currently the default seems to be securing funding to build more of what we’ve had for the past century. But infrastructure managers should take a step back and ask what our infrastructure systems need to do for us into the future.


Agile and flexible by design

Fundamentally new approaches are needed to meet the challenges not only of a changing climate, but also of disruptive technologies.

These include increasing integration of information and communication technologies, which raises the risk of cyberattacks. Other emerging technologies include autonomous vehicles and drones as well as intermittent renewable energy and battery storage in the place of conventional power systems. Also, digitally connected technologies fundamentally alter individuals’ cognition of the world around us: consider how our mobile devices can now reroute us in ways that we don’t fully understand based on our own travel behavior and traffic across a region.

Yet our current infrastructure design paradigms emphasise large centralized systems intended to last for decades and that can withstand environmental hazards to a preselected level of risk. The problem is that the level of risk is now uncertain because the climate is changing, sometimes in ways that are not very well-understood. As such, extreme events forecasts may be a little or a lot worse.

Given this uncertainty, agility and flexibility should be central to our infrastructure design. In our research, we’ve seen how a number of cities have adopted principles to advance these goals already, and the benefits they provide.

A ‘smart’ tunnel in Kuala Lumpur is designed to supplement the city’s stormwater drainage system. Image: David Boey/creative commons.

In Kuala Lampur, traffic tunnels are able to transition to stormwater management during intense precipitation events, an example of multifunctionality.

Across the U.S., citizen-based smartphone technologies are beginning to provide real-time insights. For instance, the CrowdHydrology project uses flooding data submitted by citizens that the limited conventional sensors cannot collect.

Infrastructure designers and managers in a number of U.S. locations, including New York, Portland, Miami and Southeast Florida, and Chicago, are now required to plan for this uncertain future – a process called roadmapping. For example, Miami has developed a $500m plan to upgrade infrastructure, including installing new pumping capacity and raising roads to protect at-risk oceanfront property.

These competencies align with resilience-based thinking and move the country away from our default approaches of simply building bigger, stronger or more redundant.

Planning for uncertainty

Because there is now more uncertainty with regard to hazards, resilience instead of risk should be central to infrastructure design and operation in the future. Resilience means systems can withstand extreme weather events and come back into operation quickly.

Microgrid technology allows individual buildings to operate in the event of a broader power outage and is one way to make the electricity system more resilient. Image: Amy Vaughn/U.S. Department of Energy/creative commons.

This means infrastructure planners cannot simply change their design parameter – for example, building to withstand a 1,000-year event instead of a 100-year event. Even if we could accurately predict what these new risk levels should be for the coming century, is it technically, financially or politically feasible to build these more robust systems?

This is why resilience-based approaches are needed that emphasise the capacity to adapt. Conventional approaches emphasise robustness, such as building a levee that is able to withstand a certain amount of sea level rise. These approaches are necessary but given the uncertainty in risk we need other strategies in our arsenal.

For example, providing infrastructure services through alternative means when our primary infrastructure fail, such as deploying microgrids ahead of hurricanes. Or, planners can design infrastructure systems such that when they fail, the consequences to human life and the economy are minimised.

The Netherlands has changed its system of dykes and flood management in certain areas to better sustain flooding.

This is a practice recently implemented in the Netherlands, where the Rhine delta rivers are allowed to flood but people are not allowed to live in the flood plain and farmers are compensated when their crops are lost.

Uncertainty is the new normal, and reliability hinges on positioning infrastructure to operate in and adapt to this uncertainty. If the country continues to commit to building last century’s infrastructure, we can continue to expect failures of these critical systems, and the losses that come along with them.

The Conversation

Mikhail Chester, Associate Professor of Civil, Environmental, and Sustainable Engineering, Arizona State University; Braden Allenby, President's Professor and Lincoln Professor of Engineering and Ethics, School of Sustainable Engineering and the Built Environment, Ira A. Fulton Schools of Engineering, Arizona State University, and Samuel Markolf, Postdoctoral Research Associate, Urban Resilience to Extremes Sustainability Research Network, Arizona State University.

This article is republished from The Conversation under a Creative Commons license. Read the original article.